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health care

Oral Argument on the Individual Mandate: Justice Kennedy's Questions

March 27, 2012

In this post I set forth all of the questions that Justice Kennedy asked the three attorneys at oral argument today in the health care case. Evaluate for yourself which way this "swing justice" is tending.

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2011-2012 Supreme Court Term: Oral Argument by Amicus Curiae on the Anti-Injunction Act

March 26, 2012

The Supreme Court heard oral argument today on the issue of whether the Anti-Injunction Act applies to the individual mandate of the Affordable Care Act.  The transcript of oral argument is available here.  The bottom line is that it looks like the Supreme Court will proceed to the merits and decide whether the individual mandate [...]

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Health Care Briefs: Which Side Are You On?, continued. Et tu, Chamber of Commerce?

March 13, 2012

The amicus brief filed by the United States Chamber of Commerce on the issue of severability actually presents a highly persuasive argument in support of the constitutionality of the individual mandate in the Affordable Care Act.

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Mary Brown, Lead Plaintiff in Health Care Case, Files for Bankruptcy In Part Because of Health Care Bills

March 10, 2012

Mary Brown, a lead plaintiff in the challenge against mandated health insurance, has filed for bankruptcy in part because of her husband's unpaid health care bills.  See Annie-Rose Strasser,  ThinkProgress, Lead Plaintiff In Health Care Reform Suit Files For Bankruptcy With Medical Debt.  There is also some question as to whether she is uninsured or [...]

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Birth Control Funding – Not Just a Moral Debate, But an Economic One

February 11, 2012

The economics of funding for birth control under a system of universal health care complicate the debate but simplify the solution.

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Health Care Financing Reform (134): Judge Graham's Opinion in Obama v. Thomas More Law Center

June 30, 2011

Here is a summary of Judge Graham's dissenting opinion from the decision of the Sixth Circuit in Obama v. Thomas More Law Center.  Judge Graham would strike down the individual mandate of the PPACA as unconstitutional.

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Health Care Financing Reform (132): Judge Martin's Opinion in Obama v. Thomas More Law Center

June 30, 2011

Yesterday's post announced the decision of the Sixth Circuit in Obama v. Thomas More Law Center.  Judge Boyce Martin's opinion upholding the law tracks the federal government's legal arguments in support of the constitutionality of the Patient Protection and Affordable Care Act.

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Health Care Financing Reform (128): Reaction Across the Political Spectrum to Mitt Romney's Speech

May 13, 2011

Mitt Romney, a leading candidate for the Republican presidential nomination, delivered a major address on health care yesterday.  This post contains links to reactions to his speech from both left and right.

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Health Care Financing Reform (125): An Inherent Contradiction in the Florida District Court Decision

February 2, 2011

     In yesterday's post I critiqued Judge Roger Vinson's ruling in Florida ex rel. Bondi v. U.S. Department of Health and Human Services for failing to defer to Congress' judgment that the failure to maintain health insurance exercises a substantial effect on interstate commerce.  Today's post discusses an even more basic problem with the opinion.

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Slavery, Vigilante Violence, and Democracy

March 25, 2010

     The violent threats and rhetoric in reaction to the enactment of the health care reform bill are nothing new.  It is a familiar response by those who think they ought to have their way no matter the results of elections or votes in Congress.  It is, at bottom, a rejection of democracy.  Over time, however, [...]

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Health Care Financing Reform: (109) Counting Votes in the House on the Abortion Funding Issue

February 25, 2010

     Amy Sullivan of Time Magazine published an article yesterday counting votes in the House of Representatives on the abortion funding issue.  Her conclusions are summarized below.

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Health Care Financing Reform: (69) The Brookings Institute Study on "Bending the Curve" – Four General Strategies

November 22, 2009

     In September of 2009 the Brookings Institute issued a study entitled "Bending the Curve: Effective Steps to Address Long-Term Health Care Spending Growth."  I apologize for overlooking this report until now.  The recommendations from the report are set forth below.

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